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2025 DAILYLAW 38177 (HP)

JAGDISH CHAND AND OTHERS v. THE STATE OF HP AND OTHERS

CWP/6908/2025 · 2025-12-18

Jyotsna Rewal Dua

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6908 of 2025 Decided on: 18.12.2025 ------------------------------------------------------------------------- Jagdish Chand and others …..Petitioners Versus State of H.P and others .....Respondents ------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Ms. Reena Advocate vice Mr. Tarun K. Sharma, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge Even though the respondents have not filed the reply to the writ petition, however, with the consent of learned counsel for the parties, matter is heard at this stage. 2. This writ petition has been filed for grant of following substantive reliefs:- “i) That Your Lordships may further graciously be pleased to issue the Writ in the nature of Certiorari quashing and setting aside the order 26.11.2024 (Annexure P-3), wherein the respondents have illegally and arbitrary have rejected the case of petitioner for the grant of promotional increment to the post of Head Teacher. 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 ii) That Your Lordships may further graciously be pleased to issue the Writ in the nature of Mandamus directing the respondents to grant the petitioners 3% promotional increment w.e.f. the date of their Promotion as Head Teacher, in view of the provisions of FR22(I) (a)(1) of FRSR with all consequential benefits @9% P.A as has been laid down in case vide judgment date 07.07.2023 passed in CWP 2500/2021, titled as Ranjit Singh and Others V/s State of Himachal Pradesh alongwith other connected matters, wherein it has been held that the Head Teachers are entitled for promotional increment in view of the provisions of FR22(I)(a)(1) of FRSR.” 3. Learned counsel for the petitioners submits that reliefs claimed by the petitioners and the case involved therein are now covered under Surya Prabha and others Versus State of H.P. and others.2 The petitioners would be satisfied in case respondents are are directed to consider the cases of petitioners for the reliefs claimed for by them in terms of Surya Prabha.2 Learned Additional Advocate General is not averse to this prayer. 4. Having regard to the afore-submissions, but without examining the merits of the matter, this writ petition is disposed of with a direction to the respondents/ competent authority to consider and decide the case of the petitioners in accordance with law as well as taking into consideration the above judgment in the case of 2 CWP No.5390 of 2024, decided on 28.05.2025 3 Surya Prabha2 within a period of six weeks from today. The decision so arrived at shall also be communicated to the petitioners. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua December 18, 2025 Judge yogesh